The Miranda warning, also known as Miranda rights, refers to a legal requirement in the United States that police officers must provide certain warnings to individuals who are in custody and about to be interrogated. The name "Miranda" comes from the landmark Supreme Court case Miranda v. Arizona (1966), which established these rights.
The Miranda warning is intended to ensure that individuals are aware of their constitutional rights, specifically the Fifth Amendment right against self-incrimination. The warning typically includes the following key points:
-
The right to remain silent: Individuals have the right to refuse to answer any questions posed by law enforcement.
-
Anything you say can and will be used against you in a court of law: Statements made by the individual during the interrogation can be used as evidence against them in a criminal trial.
-
The right to an attorney: Individuals have the right to have an attorney present during the interrogation. If they cannot afford an attorney, one will be provided to them.
-
If you cannot afford an attorney, one will be appointed for you: This statement emphasizes that individuals who cannot afford their own legal representation will have an attorney appointed to them free of charge.
The purpose of the Miranda warning is to inform individuals of their rights and protect them from self-incrimination during police interrogations. It ensures that individuals understand their options and can make informed decisions about whether to speak to law enforcement and when to exercise their rights.
It's important to note that the Miranda warning applies only to custodial interrogations, where a person is in police custody and being questioned by law enforcement. It does not necessarily have to be read immediately upon arrest but should be provided prior to any formal interrogation. Additionally, the Miranda warning is usually only relevant when the prosecution intends to offer an incriminating statement at trial allegedly made by a defendant to law enforcement.